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2 oioosio5 <br />acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding tn be <br />dismissed with a ruling that, in Lexa,der's judgment, precludes forfeiture of thc Property or other material <br />impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of <br />any award or claim for damages that are attributable to the irnpairment of Lender's interest in the Property <br />are hereby assigned and shall be paid to Lender. <br />All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be <br />applied in the order provided for in Section 2. <br />1Z. Bprrower Not Released; Forbearan�e By Lender Not a Waiver. Extension of the time for <br />payment ar modification of amortization of the sums secured by this Security Instrument granted by Lender <br />to Borrower or any Successor in Interest af Sortawer ahall not operate to release the liability of Borrower <br />or any Successors in Intcrest of Borrower. Lander shall not be required to coma�nence proceedings against <br />any Successor in Interest of Sorrower or to refuse to extend tim� for payment or otherwise modify <br />amortization of the sums secured by this 5ecurity Instnxment by reason o£ any demand made by the original <br />Borrower or any Successors in Interest of Snrrower. Any forbearance by Lender in exercising any right or <br />reamedy including, without limitation, Lender's acceptance af payments &om third persons, entities or <br />Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or <br />preclude the exercise of any rlght or remedy. <br />13. Joint and Several Liability; Co-signers; Succesaors and Assigus Bound. Borrower cavenants <br />and agrees that Sorrower's obligations and liability shall be joint and several. However, any Borrower who <br />co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is ca-signing this <br />Security Tnstrument only to mortgage, grant and convey the co-signer's interest in the Property under the <br />terms of this Security Inshument; (b) is not personally obligated to pay the sums secured by this Security <br />Instrument; and (c) agrees that L�nder and any other Borrower can agree to extend, modify, forbear or <br />make any accommodations with regard to the terms of this Security Instn�ment or the Note without the <br />co-signer's consent. <br />Subject to the provisions of 5ection 18, any Successor in Interest of Borrower who assumes <br />Borrower's obligations under this Secunity Instrument in writing, and is approved by Lender, shall obtain <br />all of Borrower's rights and bene�ts under this Security Instrument. Borrower shall not be released from <br />Borrower's obligations and liability under this Security Iustrument unleas Lender agrees to such release in <br />wniting. The covenants and agreements of this Security Instrument shall bind (except as provided in <br />5ection 20) and benefit the successors and assigns of Lender. <br />�4. Loan Charges. Lender may charge Borrower fees for services performed in connection with <br />Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this <br />Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. <br />In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific <br />fee to Barrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge <br />fees that are expressly prohibited by this Security Instrument or by Applicable Law. <br />If the Loan is subj ect to a law which sets maximum loan eharges, and that law is finally interpreted so <br />that the interest or other loan charges collected or to be collected in connection with the Laan exceed the <br />permitted limits, then: (a) any such loan cha�rge shall be reduced by the amownt necessary to reduce the <br />charge to the permitted limit; and (b) any sunns already collected from Borrower which exceeded permitted <br />linnits will be refunded to Borrower. Lender may choose to rnake this refund by reducing the principal <br />owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the <br />reduetion Will be treated as a partial prepayment without any prepayment charge (Wheiher or not a <br />prepayment charge is provided for under the Note). Bonrower's acceptance af any such tefund made by <br />direct payment to Borrawer will constitute a waiver of any right of action Borrower might have arising out <br />of such overcharge_ <br />15. Natices. All notices given by Borrower or Lender in connection with this Security Instrwnent <br />must be in writing. Any notice to Sorrower in connection with this 5ecurity Instnunent shall be deemed to <br />have been given to Barrower when mailed by first class mail or when actually deliveted ta $arrower's <br />notice address if sent by ather means. Notice to any one Borrower shall constitute notice to all Borrowers <br />unless Applicable Law expressly requir�s otherwiae. The notice address shall be the Property Address <br />unless Sorrower has designated a substitute notice address by notice to Lender. Borrower shall promptly <br />notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's <br />change of address, then Barrower shall only report a change of address through that specified procedure. <br />NEBRASKA- Single Family - Fannle MaelFreddla Mac UNIFQRM INSTRUMENT ' l <br />�-B(NE� (D811) Page 10 of 15 Initials: " Form 3028 1/D1 <br />